Transcript
RUGBY FOOTBALL UNION DISCIPLINARY HEARING
At:
Ramada Hotel, A1.
On:
6th February 2017
Player:
Jamie Barnett
Match:
Chesterfield Panthers v Belper RFC
Date of Match:
10 December 2016
Panel:
Judge Sean Enright (Chairman), Les Vernon and John Loughton
Secretary:
Mr Nick Mudd
Attending:
Jamie Barnett (the Player) Andy Allen (Director of Rugby at Chesterfield) Derek Sherlock (Coach). Darren Burton (Discipline Secretary) Gareth Dakin (President of Belper) Anthony England (Director of Rugby) Mike Dyer Discipline (Secretary, Belper RFC) Jackie Dyer (Hon Sec, Belper RFC)
1. The Player did not object to the composition of the Panel. Charge and Plea 2. The Player was cited for an act contrary to good sportsmanship contrary to Law 10.4(m) in that he racially abused Frank Watson during the match.
3. The Player denied the charge.
4. We were supplied with an un-paginated bundle of documents which we were satisfied had been supplied to all parties. The alleged incident of racial abuse was not heard by the referee who in fact heard nothing at all said by the Player. Although it should be said the allegation was drawn to his attention contemporaneously by a player, Steve Roberts whose protestations
were couched in terms which led to him being yellow carded. There was a DVD of the match and the point at which the alleged incident took place is discernible from the conduct of Steve Roberts. Although the DVD has sound it is not of such a quality to record the remark alleged. Frank Watson the person against whom the remark was made gave no evidence and there is a reference in the statement of Andrew Allen (Director of Rugby at Chesterfield) to Frank Watson remarking after the game that he had heard nothing. And that appears to be the case.
5. We heard evidence from Steve Roberts who told us that after the Player had been tackled by Frank Watson, the Player had said “Black cunt” a remark which was not spoken loudly and which was directed at the back of Frank Watson who was departing. Frank Watson is of Caribbean heritage.
6. Steve Roberts told us that after the citing was made, it came to light that there was DVD footage which he had secured and he had circled the Player and the relevant witnesses on stills to show their vantage points. We watched the DVD and looked at the stills and found them very helpful in showing the exact moment when Steve Roberts and one other player made their protest to the referee. We were also able to pinpoint the position of various other witnesses who gave evidence in support and in opposition to the citing. This helped us because it was clear that Steve Roberts and other relevant witnesses were in a position to see the Player and hear the alleged remark.
7. On the question of whether the alleged remark was made we also heard supporting evidence from Jarrad Mordue and Sam Chalkin who had played for Belper.
8. We heard evidence from the Player who told us there had been a competitive edge between him and Frank Watson throughout the game with some banter both ways. Before the incident he had been tackled hard and fairly by Frank Watson and had taken a little while to get to his feet. As Watson walked away he laughed and he, the Player, called him “cunt.” It was not shouted or uttered in a raised voice. He denied making the particular remark alleged in the charge. He told us he is 23 years old and has played the game since he was a child and had an exemplary record. We heard evidence from a number of witnesses called in support including Paul Jones (by phone) Paul Wearing, Derek Sherlock, Andrew Allen and George Kennedy but did not find their evidence persuasive on the central issue. We digress to observe that the evidence we heard from two of the Chesterfield players was that the use of the word “cunt” was acceptable banter in the game. We disagree. The use of this word is contrary to Rugby’s core values and this issue should be dealt with by the firm leadership by the Club.
9. We found Mr Roberts, Mr Mordue and Mr Chalkin to be reliable and restrained witnesses. Additionally we saw no basis to believe that the witnesses had been mistaken. There was no history of animosity between the clubs and we were told this was the first time that Belper had cited any player. We could think of no reason why any of these witnesses might give a false account. Finding 10. In our judgment it is not prudent to say anything other than looking at all the evidence, we were satisfied that the citing had been proved to the requisite standard.
Sanction 11. We considered and applied the criteria in Regulation 19.11.8. We found the remark to be intentional but spontaneous. There was no provocation and the remark amounted to the complete offence. There was no significant effect on the game.
12. We found the entry point to be Mid-Range, namely 8 weeks. We found no off field aggravating factors. We found the Player’s exemplary record a mitigating factor and we discounted the notional sanction by 2 weeks down to six weeks.
13. The Player is free to play again on 20 March
14. There are costs payable of £125 as set out in RFU Regulation 19, Appendix 3.
15. The Player was advised of his right of appeal.
SEAN ENRIGHT (Chair) 6 February 2017
